PRA

[Blobby13]

My husband has been paying to PRA for about 10 years. Old Lloyds credit card, taken out in 2009.
We sent them CCA request in December last year and they responded with two lots of terms and conditions - one with correct address and one with the address we’d moved to the following year, plus a bad copy of credit card agreement, stating that debt was unenforceable. This was in February.
Then in May PRA sent another letter with copies of 12 cc statements along with a copy of default notice from oct 2011. Cover letter with this information said that they have enclosed documents as requested and he should contact them within 14 days. He didn’t, as we were under the impression that this debt was still unenforceable. Only this week PRA sent another letter, telling us that the account is now with Investigations and Litigation dept and he needs to contact PRA, otherwise “the account will be considered for the next stage, which could be putting you on notice that court proceedings may be brought against you”.
I’ve read similar stories on this forum, and would really like any help / advice as to how we should proceed from here.

[The Tech Clerk]

Stary at diary and list dates and info:-

[Type of account -
Date commenced
Approx balance around £
Date last paid last full payment
Status - in arrears ?
Default date:-
Assignment date:-?

PRA are not new at this but as you re-read may this/that/other. so fill out diary do not contact them at this stage,. But(Note:- 2009 taken out then no doubt on line with a "X" ) which can be accepted as an agreement BUT depends on contents and wording,. also other areas of notices etc.

Welcome by the way, look around the site under PRA etc and you will see how things seem to pan out., do not be afraid to ask anything in this matter as we have a good repore with specialist solicitors who are very helpful should the need be.

Do not send request etc to them unless advised on here BUT keep diary by date upto date with any latest letters etc. do not answer phone or talk to them unless advised to, as another area is "statute Barred" i.e. no contact/communication with them by you, where do you live i.e.:- England/Wales or Scotland as timings vary?

[The Tech Clerk]

My husband has been paying to PRA for about 10 years. Old Lloyds credit card, taken out in 2009.
We sent them CCA request in December last year and they responded with two lots of terms and conditions - one with correct address and one with the address we’d moved to the following year, plus a bad copy of credit card agreement, stating that debt was unenforceable. This was in February.
Then in May PRA sent another letter with copies of 12 cc statements along with a copy of default notice from oct 2011. Cover letter with this information said that they have enclosed documents as requested and he should contact them within 14 days. He didn’t, as we were under the impression that this debt was still unenforceable. Only this week PRA sent another letter, telling us that the account is now with Investigations and Litigation dept and he needs to contact PRA, otherwise “the account will be considered for the next stage, which could be putting you on notice that court proceedings may be brought against you”.
I’ve read similar stories on this forum, and would really like any help / advice as to how we should proceed from here.

Investigations department? 3rd Drawer down threatgrams? may/might? court proceeding can be started (sometimes hopeful you cave in before they decide they have a real case or not)?

[Blobby13]

The Tech Clerk
Type of account - Lloyds credit card
Date commenced- 28.04.2009 (from CCA provided by PRA)
Approx balance around - £4,375.39
Date last paid last full payment - 28.01.2022 to PRA
Status - assigned to Aktiv (now PRA)
Default date:- 20.10.2011
Assignment date:- 24.06.2013 to Aktiv. Aktiv bought by PRA October 2014
This debt was part of DMP with Payplan, but we’ve been self- managing it since 2018. Regular monthly payments of £14.63 made to PRA until jan 2022

30.11.2021 - CCA request from PRA
10.12.3021 - response from PRA, returning £1 standing order, as they don’t charge for CCA
02.02.2022 - letter from PRA with 2 lots of terms and conditions and a copy of CCA, stating that the debt is deemed unenforceable
02.05.2022 - another letter from PRA with copies of Credit card statements and a default notice. No mention that debt is now enforceable, just saying to contact them within 14 days.
19.07.2022 - letter from PRA, saying that they purchased the debt from Lloyds on 24.06.2013 and have been trying to resolve the matter with us ever since. But as they haven’t been able to set up a payment to clear the debt, the account is now with Investigations and litigations department, who are looking into the outstanding debt for possible litigation recovery. We have 30 days to respond (19 August). If not - the account will be considered for the next stage, which would be putting us on notice that court proceedings may be brought against us.
25.07.2022 - SAR requested from Lloyds
01.08.2022 - email from PRA, referring to the letter from 19.07. Quote :”
It is important that you know we are here to help and want to avoid passing your account to the Courts. This doesn’t need to happen, please get in touch with us.”
18.08.2022 - SAR request to Payplan
01.09.2022 - Letter before action received from PRA. Letter dated 18 August and reply expected by 22nd September.
05.10.2022- claim form from Northampton court received

We are in England. Have ignored PRA all this time, not really sure how to proceed from here. I don’t think the debt is enforceable, but would like to get someone with more knowledge to confirm this.

[The Tech Clerk]

send copy CCA to webmaster@all-about-debt.co.uk do not block anything out and refer to this thread.

[Blobby13]

CCA emailed to the above email address. Fingers crossed

[Blobby13]

Niddy has just confirmed that the CCA is enforceable ?.
What’s the best plan of a action now please? Do I try to last payment to PRA was in Jan this year, so a long way away from SB.
Do I offer them a reduced settlement? Or just start paying again monthly?

[Timewilltell]

There is more to UE than the agreement. It may be that the actual assignment is not up to it?

[Blobby13]

SAR will show this up I suppose?

[Timewilltell]

A Sar will give you an insight to what’s been going in behind the scenes, however I suspect it’s more Legal Arguments than we know!
I wouldn’t be too hasty in applying for a Sar at this stage, you really need to capture the interaction between PRA and Lloyds.
Others may advise shortly.

[Roger]

"..
Assignment date:- 24.06.2013 ( PRA purchased the debt from Lloyds)
.."
Does the name Aktiva Kapital ring a bell?
PRA purchased Aktiv Kapital in 2014 this Assignment is 2013.

[Blobby13]

Yes, I found confirmation letter from Aktiv Kapital, dated 04.07.2013, confirming that they purchased the debt from Lloyds. I also have a copy of letter from Lloyds confirmation by the same.

[Roger]

Yes, I found confirmation letter from Aktiv Kapital, dated 04.07.2013, confirming that they purchased the debt from Lloyds. I also have a copy of letter from Lloyds confirmation by the same.

Keep that letter very safe!

[Blobby13]

Thank you - but please could you give me an idea as to why this this letter is so important?

[Roger]

Thank you - but please could you give me an idea as to why this this letter is so important?

Well my diary starts here
https://all-about-debt.co.uk/forum/d...iary#post34078

Lets just say that Assignment chains can often prove problematic.

19/11/2014 Aktiva were BROUGHT by PRA
https://globenewswire.com/news-relea...v-Kapital.html
I should make a note of this in your filing as there may well be Assignment issues

The other issue is after the Banking Crisis There can be issues in CCA documentation with Lloyds.
Change your Diary entry to show the Assignee was originally to Aktiv and when PRA took this over.
I would suggest that you send a SAR to Payplan because they may hold documentation unbeknown to you.

I would NOT engage with PRA at ALL and certainly do not engage in letter ping pong!
Best here would be SILENCE and sitting on your HANDS.
Any correspondence report back here on AAD !